O-1 visas fall into the category of non-immigrant, employment petitions which require a sponsor/petitioner to get approved. The O-1 visa can be sponsored by:
Agents
A U.S. Agent may be the actual employer of the beneficiary, the representative of both the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent.
Agent for Multiple Employers
In this option, the contracts between the employer(s) and the beneficiary are required, showing that actual positions exist and that the O worker is coming to the United States to fill those positions. The contract must show the terms of the employment offered and that the beneficiary has agreed to that offer. This can be shown with a) emails between the contractual parties, b) a written summation of the terms of the agreement, and c) any other evidence that demonstrates that an oral agreement was created.
Agent Performing the Function of an Employer
When an agent represents the beneficiary and employer(s), the petition must have a complete itinerary of the events or activities that the beneficiary will be involved in, with dates of each service or engagement, the names and addresses of the actual employers and the names and addresses of the establishments, venues, or locations where the services will be performed.
Who is The Agent Performing?
The agent performing the function of an employer is simply the company that you are going to work for. In this scenario in the moment of the case submission, we have to provide the contractual agreement between the agent and the beneficiary which specifies the wage offered and the other terms and conditions of employment. A petition that requires the foreign national to work in more than one location must include an itinerary with the dates and locations of that work. There are no exceptions to the itinerary requirement when the petition is filed by an agent performing the function of an employer. However, USCIS does give some flexibility to how detailed the itinerary must be and does take into account industry standards when determining whether the itinerary requirement has been met. As such, the itinerary should at a minimum indicate what type of work the beneficiary will be engaged, where, and when this work will take place.
No matter who sponsors your petition, the main responsibility of these individuals is to represent the O-1 applicant before USCIS and sign the O-1 visa petition that will be submitted to USCIS. The sponsor of the petition also must confirm that it is liable for the cost of transportation home for the foreign national if the sponsor terminates the visa early.
The Petitioner will have to provide basic information about the company such as contact details, number of employees, years in business, and tax identification number. Serving as a Petitioner does not create any other financial obligations or liabilities.
Despite the fact that this seems very straightforward, finding a sponsor for the visa still remains one of the biggest obstacles that O-1 visa applicants face. Another problem that applicants face is the binding relationship with the agent/employer that will sponsor their visa.
PassRight has decided to come out against the expectations of the market and created a unique solution that will solve the problem connected with the visa sponsorship.
PassRight created the O-1 agency that serves as the solution for O-1 applicants that do not have a company that wants to formally sponsor/petition for their visa. The agency will petition for your visa but will not act as your employer. The agency will represent the O-1 applicant and the potential companies that the applicant will work with.
Let’s discuss real-life examples to understand it better…
Scenario 1
Problem:
John lives in Poland and is an extremely experienced software engineer. He meets the requirements of the O-1 visa. However, when he submits his resume and takes part in the recruitment process in the US, sooner or later he is dismissed, as the company is not willing to sponsor his visa.
Solution:
John can use the services of PassRight talent agency to petition for his visa which will allow him to work for multiple employers without the need to file a separate petition for each employer.
The following documentation will be required in the process:
- Documentation confirming the O-1 visa eligibility
- Agreement between John and talent agency specifying the relationship and regulations of the sponsorship
- Contracts and/or agreements between employers and beneficiary explaining the terms and conditions of the employment
- Agreement between talent agency and all potential employers specifying that agency serves as an authorized representative of said employers
- Agreement between Josh and law firm that will handle the legal side of the visa preparation
Scenario 2
Problem:
Joanna’s O-1 visa has been sponsored by Amazon. She would like to change her job, but in order to do this, she needs to find a new company that will sponsor her visa and go through the O-1 process once again. She is tied to Amazon.
Solution:
Joanna can use the services of PassRight talent agency to petition for her visa which will allow her to work for multiple employers in the future. She will need to go through the immigration process again if she wants to change her job.
The following documentation will be required in the process:
- Documentation confirming the O-1 visa eligibility
- Agreement between Joanna and talent agency specifying the relationship and regulations of the sponsorship
- Contracts and/or agreements between employers and beneficiary explaining the terms and conditions of the employment
- Agreement between talent agency and all potential employers specifying that agency serves as an authorized representative of said employers
- Agreement between Joanna and law firm that will handle the legal side of the visa preparation
- Scan of the previous petition submitted to the USCIS
Scenario 3
Problem:
Ben works for the startup that sponsored his O-1 visa. Unfortunately, the startup failed and Ben needs to find a new employer in the 60-day “grace period” from his last day of employment. He can apply for a change to the new employer by showing his latest paystubs or Ben can leave the country and apply for the new O-1 visa from his home country when he finds a new employer.
Solution:
Ben can use the services of PassRight talent agency to petition for his visa which will allow him to work for multiple employers in the future, so he will not be in the risk of losing his visa because his employer went bankrupt. He will need to go through the immigration process again if he wants to change the job.
The following documentation will be required in the process:
- Documentation confirming the O-1 visa eligibility
- Agreement between Ben and talent agency specifying the relationship and regulations of the sponsorship
- Contracts and/or agreements between employers and beneficiary explaining the terms and conditions of the employment
- Agreement between talent agency and all potential employers specifying that agency serves as an authorized representative of said employers
- Agreement between Ben and law firm that will handle the legal side of the visa preparation
- Scan of the previous petition submitted to the USCIS
Q: While I’m being sponsored by PassRight’s talent agency, or while my visa petition is being prepared, should I apply for jobs?
A: Yes and No.
No, do not apply for jobs from an online application. US companies use ATS’s (application tracking software that is designed to kick you out of the process as soon as you confirm that you don’t have a visa or social security number or that you might need help with the visa.
Yes, only if you have direct contact with the potential employer. It would be very helpful if you go to your potential employer, which you know personally, or have open communication channel with and talk to them about giving you two signed letters that PassRight’s agency will provide you with.
The general content of these letters is short and non binding.
The content of letter #1:
I, the potential employer of you, would potentially hire you, if and when you obtain the O-1 visa.
The content of letter #2:
I, the employer, agree to work with PassRight’s affiliated talent agency, and I agree to receive potential candidates whom I may decide to hire.
Conditions of working with PassRight talent agency
Agency will sponsor your visa only if you meet the requirements of the O-1 visa. Your eligibility will be evaluated by the immigration attorney.
The agency costs:
- $4000 – one-time fee (in this option the agency will support you by connecting you with US recruiters who will help you find the job offers needed on the O-1 petition (part of the itinerary)
- $150 – agency representation monthly fee
Upon your arrival to the US, you need to start working for a specific employer mentioned in the petition. You need to continue with payment of $150 per month for the continued agency representation, otherwise the petition will be withdrawn.
Scenario 1
Brenda is a talented software engineer from the UK. Her O-1 visa has been sponsored by the PassRight talent agency. Brenda had to cover the following costs related to the agency sponsorship:
- $3,000 one time placement fee
- $150 monthly payment for the agency representation
She came to the US and started working with one of the employers specified in the itinerary on her O-1 petition. However, after 2 months, Brenda has decided to return to her home country and abandon her O-1 visa. She notified the PassRight talent agency that she no longer wanted to work for any employer in the petition. In this situation the agency contract is cancelled and Brenda does not need to pay $150 per month any more, as Brenda no longer needs an agency to represent her anymore.
Scenario 2
Kaza’s visa has been sponsored by the PassRight talent agency. He works for Google, however, Google wants Kaza to work for them exclusively and Google has decided to sponsor his O-1 visa directly. Kaza needs to apply for the transfer of his O-1 visa to Google so that Google may serve as his only employer.
In this situation, the contract with the PassRIght talent agency will be cancelled when Kaza’s O-1 visa transfer is approved and payment of $150 per month for the agency representation will not apply any more. Agency representation was no longer needed as Google sought a transfer to serve as Kaza’s sole employer.
